DOCSLIB.ORG

Secrecy Laws and Open Government in Australia

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Secrecy Laws and Open Government in Australia Secrecy Laws and Open Government in Australia REPORT REPORT 112 December 2009 This Report reflects the law as at 11 November 2009 © Commonwealth of Australia 2009 This work is copyright. You may download, display, print and reproduce this material in whole or part, subject to acknowledgement of the source, for your personal, non- commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968 (Cth), all other rights are reserved. Requests for further authorisation should be directed by letter to the Commonwealth Copyright Administration, Copyright Law Branch, Attorney-General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or electronically via www.ag.gov.au/cca. ISBN- 978-0-9807194-0-6 Commission Reference: ALRC Report 112 The Australian Law Reform Commission was established on 1 January 1975 by the Law Reform Commission Act 1973 (Cth) and reconstituted by the Australian Law Reform Commission Act 1996 (Cth). The office of the ALRC is at Level 25, 135 King Street, Sydney, NSW, 2000, Australia. All ALRC publications can be made available in a range of accessible formats for people with disabilities. If you require assistance, please contact the ALRC. Telephone: within Australia (02) 8238 6333 International +61 2 8238 6333 TTY: (02) 8238 6379 Facsimile: within Australia (02) 8238 6363 International +61 2 8238 6363 E-mail: [email protected] Homepage: www.alrc.gov.au Printed by Ligare The Hon Robert McClelland MP Attorney-General of Australia Parliament House Canberra ACT 2600 11 December 2009 Dear Attorney-General Review of Secrecy Laws On 5 August 2008, you issued terms of reference for the ALRC to undertake a comprehensive review of secrecy laws and related issues. Those terms of reference were amended by your letter of 26 October 2009, to extend the reporting date to 11 December 2009, in order to facilitate the consideration of all submissions and consultations. On behalf of the Members of the Commission involved in this Inquiry—including Justice Berna Collier and Justice Susan Kenny—and in accordance with the Australian Law Reform Commission Act 1996 (Cth), I am pleased to present you with the final report in this reference, Secrecy Laws and Open Government in Australia (ALRC 112). Yours sincerely Professor Rosalind Croucher Commissioner in charge Acting President Contents Contents Terms of Reference 5 List of Participants 7 List of Recommendations 9 Executive Summary 21 1. Introduction to the Inquiry 27 Background 27 Process of reform 31 Overview of this Report 33 Stop press—legislation recently introduced into Parliament 39 2. Secrecy in the Context of Open Government 41 Introduction 41 From secrecy to open government 42 Current trends in open government 46 Freedom of expression 50 Balancing secrecy, freedom of expression and open government 62 3. Overview of Current Secrecy Laws 65 Introduction 65 Duties of confidentiality and loyalty and fidelity 65 Specific statutory secrecy provisions 70 General criminal offences 86 4. Framework for Reform 99 Introduction 99 The need for statutory secrecy provisions 100 Criminal, civil or administrative provisions 104 A harm-based approach 119 5. General Secrecy Offence: Harm to Public Interests 143 Introduction 143 What should be included in the general secrecy offence? 145 What should not be included in the general secrecy offence? 161 6. General Secrecy Offence: Elements 183 Introduction 183 Whose conduct should be regulated? 184 What conduct should be regulated? 198 2 Secrecy Laws and Open Government in Australia What information should be protected? 204 Fault elements 206 Initial and subsequent disclosures 214 7. General Secrecy Offence: Exceptions and Penalties 227 Introduction 227 Exceptions and defences 228 Which exceptions and defences should be expressly included? 230 Which exceptions and defences should not be expressly included? 242 Public interest disclosure 253 Penalties 258 Other issues 264 8. The Role of Specific Secrecy Offences 273 Introduction 273 When are secrecy offences warranted? 273 Express requirement of harm 274 Protecting categories of information 279 ALRC’s views 306 9. Specific Secrecy Offences: Elements 309 Introduction 309 Whose conduct should be regulated? 310 What conduct should be regulated? 318 Fault elements 325 Subsequent disclosure offences 334 Penalties 343 10. Authorised Disclosure Provisions 353 Introduction 353 Authorised disclosure provisions 354 Interaction with the exceptions in the general secrecy offence 357 Exceptions in specific secrecy offences 361 Public interest disclosure 385 Override provisions 387 11. Specific Secrecy Offences: Review and Guidance 391 Introduction 391 Reviewing specific secrecy offences 391 Policy guidance and drafting directions 403 12. Administrative Obligations in the Australian Public Service 407 Introduction 407 Background 408 Prejudice to the effective working of government 412 Information communicated in confidence 425 Exceptions and defences 429 Penalties 432 Processes for dealing with breaches 436 Contents 3 13. Regulating Beyond the Australian Public Service 453 Introduction 453 Commonwealth employees outside the APS 454 Former Commonwealth employees 469 Persons outside Commonwealth employment 472 14. Frameworks for Effective Information Handling 491 Introduction 491 Commonwealth information-handling manuals 492 Agency-specific policies and guidelines 497 Lawful and reasonable employer directions 505 Memorandums of understanding 508 Information and communication technology systems 512 Data matching 516 15. A Culture of Effective Information Handling 523 Introduction 523 Individual Commonwealth employees 524 Australian Government agencies 536 16. Interactions with Other Laws 547 Introduction 547 Freedom of information 548 Archives 571 Privacy 579 Parliamentary privilege 593 Appendix 1. List of Submissions 599 Appendix 2. List of Agencies, Organisations and Individuals Consulted 605 Appendix 3. List of Abbreviations 607 Appendix 4. Table of Secrecy Provisions 613 Appendix 5. Extracts of Key Secrecy Provisions 631 Terms of Reference REVIEW OF SECRECY LAWS I, ROBERT McCLELLAND, Attorney-General of Australia, having regard to: • the desirability of having comprehensive, consistent and workable laws and practices in relation to the protection of Commonwealth information; • the increased need to share such information within and between governments and with the private sector; • the importance of balancing the need to protect Commonwealth information and the public interest in an open and accountable system of government; and • previous reports (including previous reports of the Commission) that have identified the need for reform in this area REFER to the Australian Law Reform Commission for inquiry and report, pursuant to subsection 20(1) of the Australian Law Reform Commission Act 1996, options for ensuring a consistent approach across government to the protection of Commonwealth information, balanced against the need to maintain an open and accountable government through providing appropriate access to information. 1. In carrying out its review, the Commission will consider: a. relevant laws and practices relating to the protection of Commonwealth information, including the scope and appropriateness of legislative provisions regarding secrecy and confidentiality; b. whether there is a need to consolidate and modernise relevant provisions currently in the Crimes Act 1914 and other Commonwealth legislation for inclusion in the Criminal Code; c. the way in which secrecy laws in the Crimes Act interact with other laws and practices, including those relating to secrecy, privacy, freedom of information, archiving, whistle-blowing, and data-matching; d. whether there should be different considerations for secrecy laws relating to the protection of national security and other sensitive Commonwealth information; and 6 Secrecy Laws and Open Government in Australia e. any related matter. 2. In carrying out its review, the Commission is to identify and consult with key stakeholders, including relevant Commonwealth, State and Territory agencies and private sector bodies. 3. The Commission will provide its final report to me by 31 October 2009. Dated 5 August 2008 Robert McClelland Attorney-General List of Participants Australian Law Reform Commission Division The Division of the ALRC constituted under the Australian Law Reform Commission Act 1996 (Cth) for the purposes of this Inquiry comprises the following: Professor David Weisbrot (President) (until 30 November 2009) Professor Les McCrimmon (Commissioner) (until 30 November 2009) Professor Rosalind Croucher (Commissioner in charge, and Acting President from 1 December 2009) Justice Berna Collier (part-time Commissioner) Justice Susan Kenny (part-time Commissioner) Senior Legal Officers Carolyn Adams Bruce Alston (until July 2009) Isabella Cosenza (until January 2009) Legal Officers Anna Dziedzic (from March 2009) Lisa Eckstein Althea Gibson (until January 2009) Erin Mackay (until January 2009) Consultant Amie Grierson (March 2009) Research Manager Jonathan Dobinson Librarian Carolyn Kearney Project Assistant Tina O’Brien 8 Secrecy Laws and Open Government in Australia Legal Interns Michael Evry Stephanie Fusco Kelvin Liew Isley Markman Katherine McGree Larisa Michalko Tracy Nau Naomi Oreb Christina Ray Michelle Salomon Vasudha Sathanapally Katie Schafer Smriti Sriram Yi-Shun Teoh Michael Wells Rebecca Zaman Advisory Committee Members Ms Lynelle Briggs, Australian Public Service Commissioner (until
Load more

Recommended publications
  • Critical Analysis of the Law Surrounding 'One Punch' Killings
    Bond University DOCTORAL THESIS Critical analysis of the law surrounding "one punch" killings Burgess, Craig Award date: 2016 Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal. CRITICAL ANALYSIS OF THE LAW SURROUNDING ‘ONE PUNCH’ KILLINGS AUGUST 1, 2016 CRAIG NEILSON BURGESS Abstract This thesis investigates the modern day tragedy of needless loss of life through so-called ‘one punch’ killings. Research has identified more than 90 deaths attributed to so-called ‘one punch’ assaults in Australia between 2000 and 2012. This thesis takes a critical examination of recent legislative moves in Australia and in some overseas jurisdictions that tighten the liability of offenders and the trend of concentrating on the consequences of the crime rather than looking towards the criminality of the offender. It also examines the efficacy of introducing new offences that abolish the test of foresight regarding the outcome of a fatal assault, in order to deal with the problem of mainly alcohol-fuelled violence. The thesis then considers whether there is a justifiable reason to amend the law and whether or not the range of existing offences which already carry high maxima, more fairly and justly labels the crime for the benefit of the offender, the victim and the community.
    [Show full text]
  • Crimes Legislation Amendment (Economic Disruption) Bill 2020
    Crimes Legislation Amendment (Economic Disruption) Bill 2020 Senate Legal and Constitutional Affairs Legislation Committee 16 October 2020 Telephone +61 2 6246 3788 • Fax +61 2 6248 0639 Email [email protected] GPO Box 1989, Canberra ACT 2601, DX 5719 Canberra 19 Torrens St Braddon ACT 2612 Law Council of Australia Limited ABN 85 005 260 622 www.lawcouncil.asn.au Table of Contents About the Law Council of Australia ............................................................................... 3 Acknowledgement .......................................................................................................... 4 Executive Summary ........................................................................................................ 5 Overview of proposed amendments.............................................................................. 6 Money laundering offences (Schedule 1) ...................................................................... 6 New ‘tiers’ of offences for high-value money laundering............................................. 6 Proof of predicate offences ........................................................................................ 6 Fault elements for attempt offences in relation to Division 400 ................................... 8 Definition of ‘deals with’ in relation to money or property ............................................ 8 Partial defence of ‘mistake of fact as to value’ ........................................................... 9 Obligations in covert investigations (Schedule
    [Show full text]
  • Australian Political Writings 2009-10
    Parliament of Australia Department of Parliamentary Services Parliamentary Library Information, analysis and advice for the Parliament BIBLIOGRAPHY www.aph.gov.au/library Selected Australian political writings 2009‐10 Contents Biographies ............................................................................................................................. 2 Elections, electorate boundaries and electoral systems ......................................................... 3 Federalism .............................................................................................................................. 6 Human rights ........................................................................................................................... 6 Liberalism and neoliberalism .................................................................................................. 6 Members of Parliament and their staff .................................................................................... 7 Parliamentary issues ............................................................................................................... 7 Party politics .......................................................................................................................... 13 Party politics- Australian Greens ........................................................................................... 14 Party politics- Australian Labor Party .................................................................................... 14 Party politics-
    [Show full text]
  • Public Law and Civil Liberties ISBN 978-1-137-54503-9.Indd
    Copyrighted material – 9781137545039 Contents Preface . v Magna Carta (1215) . 1 The Bill of Rights (1688) . 2 The Act of Settlement (1700) . 5 Union with Scotland Act 1706 . 6 Official Secrets Act 1911 . 7 Parliament Acts 1911 and 1949 . 8 Official Secrets Act 1920 . 10 The Statute of Westminster 1931 . 11 Public Order Act 1936 . 12 Statutory Instruments Act 1946 . 13 Crown Proceedings Act 1947 . 14 Life Peerages Act 1958 . 16 Obscene Publications Act 1959 . 17 Parliamentary Commissioner Act 1967 . 19 European Communities Act 1972 . 24 Local Government Act 1972 . 26 Local Government Act 1974 . 30 House of Commons Disqualification Act 1975 . 36 Ministerial and Other Salaries Act 1975 . 38 Highways Act 1980 . 39 Senior Courts Act 1981 . 39 Police and Criminal Evidence Act 1984 . 45 Public Order Act 1986 . 82 Official Secrets Act 1989 . 90 Security Service Act 1989 . 96 Intelligence Services Act 1994 . 97 Criminal Justice and Public Order Act 1994 . 100 Police Act 1996 . 104 Police Act 1997 . 106 Human Rights Act 1998 . 110 Scotland Act 1998 . 116 Northern Ireland Act 1998 . 121 House of Lords Act 1999 . 126 Freedom of Information Act 2000 . 126 Terrorism Act 2000 . 141 Criminal Justice and Police Act 2001 . 152 Anti-terrorism, Crime and Security Act 2001 . 158 Police Reform Act 2002 . 159 Constitutional Reform Act 2005 . 179 Serious Organised Crime and Police Act 2005 . 187 Equality Act 2006 . 193 Terrorism Act 2006 . 196 Government of Wales Act 2006 . 204 Serious Crime Act 2007 . 209 UK Borders Act 2007 . 212 Parliamentary Standards Act 2009 . 213 Constitutional Reform and Governance Act 2010 . 218 European Union Act 2011 .
    [Show full text]
  • Final Submission to the NSW Law Reform Commission's Review Of
    Final Submission to the NSW Law Reform Commission’s Review of Consent and Knowledge of Consent in Relation to Sexual Assault Offences Andrew Dyer* 1 February 2019 Introduction 1. In this submission, I respond to most of the questions posed by the New South Wales Law Reform Commission (NSWLRC) in its recent Consultation Paper1 regarding s 61HA of the Crimes Act 1900 (NSW) and related issues. It must be noted immediately, however, that on 1 December 2018 the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 came into force. This means that s 61HA no longer deals with consent and knowledge of non-consent for the purposes of the sexual assault offences for which the Crimes Act provides. Because s 61HE now regulates such matters (indeed, as the Consultation Paper notes,2 s 61HE applies also to the new sexual touching and sexual act offences created by ss 61KC, 61KD, 61KE and 61KF of the Act), I will refer in this submission to the terms of this new section when making recommendations for reform. 2. Consistently with the views that I expressed in my preliminary submission to this Review, no radical changes should be made to s 61HE.3 However, after reading the Consultation Paper and many of the preliminary submissions, and after considering the terms of the new section, I do accept that it is desirable to make certain alterations to that section in addition to the one that I advocated in my initial submission.4 It is possible that few of the changes to s 61HE that I argue for here would alter the law in this area; however, in my submission, they would clarify the scope of s 61HE – and the manner in which it operates.
    [Show full text]
  • High Court of Australia
    HIGH COURT OF AUSTRALIA GLEESON CJ, GUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ THE QUEEN APPELLANT AND WEI TANG RESPONDENT The Queen v Tang [2008] HCA 39 28 August 2008 M5/2008 ORDER 1. Appeal allowed. 2. Special leave to cross-appeal on the first and second grounds in the proposed notice of cross-appeal granted. Cross-appeal on those grounds treated as instituted, heard instanter, and dismissed. 3. Special leave to cross-appeal on the third ground in the proposed notice of cross-appeal refused. 4. Set aside orders 3, 4 and 5 of the orders of the Court of Appeal of the Supreme Court of Victoria made on 29 June 2007 and, in their place, order that the appeal to that Court against conviction be dismissed. 5. The appellant to pay the respondent's costs of the application for special leave to appeal and of the appeal to this Court. 6. Remit the matter to the Court of Appeal of the Supreme Court of Victoria for that Court's consideration of the application for leave to appeal against sentence. On appeal from the Supreme Court of Victoria 2. Representation W J Abraham QC with R R Davis for the appellant (instructed by Director of Public Prosecutions (Cth)) N J Young QC with M J Croucher and K L Walker for the respondent (instructed by Slades & Parsons Solicitors) Interveners D M J Bennett QC, Solicitor-General of the Commonwealth with S P Donaghue intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor) B W Walker SC with R Graycar intervening on behalf of the Human Rights and Equal Opportunity Commission (instructed by Human Rights and Equal Opportunity Commission) Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
    [Show full text]
  • Master Key to Good Governance
    1 FIRST REPORT SECOND ADMISTRATIVE REFORMS COMMISSION SECOND ADMISTRATIVE REFORMS COMMISSION SECOND ADMISTRATIVE RIGHT TO INFORMATION Master Key to Good Governance Second Administrative Reforms Commission Government of India 2nd Floor, Vigyan Bhawan Annexe, Maulana Azad Road, New Delhi 110 011 e-mail : [email protected] website : http://arc.gov.in JUNE 2006 GOVERNMENT OF INDIA SECOND ADMINISTRATIVE REFORMS COMMISSION FIRST REPORT RIGHT TO INFORMATION MASTER KEY TO GOOD GOVERNANCE JUNE 2006 PREFACE The Second Administrative Reforms Commission has been constituted to prepare a detailed blueprint for revamping the public administration system. The Commission has been given wide terms of reference covering all aspects of public administration. The Commission in its first report decided to analyze and give recommendations on the freedom of information as the Right to Information Act has been enacted recently and is a paradigm shift in administration. The Right to Information Act is a path-breaking legislation which signals the march from darkness of secrecy to dawn of transparency. It lights up the mindset of public authorities, which is clouded by suspicion and secrecy. Openness in the exercise of public power – Executive, Legislative or Judiciary – is a culture, which needs to be nurtured, with privacy and confidentiality being an exception. The right to information will also be a powerful means for fighting corruption. The effective implementation of the Right to Information Act will create an environment of vigilance which will help promote functioning of a more participatory democracy. James Madison once said, “A people who mean to be their own governors must arm themselves with power that knowledge gives”.
    [Show full text]
  • Australia 2019
    Australia Free 77 100 A Obstacles to Access 23 25 B Limits on Content 29 35 C Violations of User Rights 25 40 Last Year's Score & Status 79 100 Free Overview Internet freedom in Australia declined during the coverage period. The country’s information and communication technology (ICT) infrastructure is well developed, and prices for connections are low, ensuring that much of the population enjoys access to the internet. However, a number of website restrictions, such as those related to online piracy or “abhorrent” content, limit the content available to users. The March 2019 terrorist attack on mosques in Christchurch, New Zealand, prompted internet service providers (ISPs) to block certain websites and the government subsequently introduced a new law that criminalized the failure to delete “abhorrent” content. Other legal changes—including court decisions expanding the country’s punitive defamation standards, an injunction silencing digital media coverage of a high-profile trial, and a problematic law that undermines encryption—shrunk the space for free online expression in Australia. Finally, an escalating series of cyberattacks sponsored by China profoundly challenged the security of Australia’s digital sphere. Australia is a democracy with a strong record of advancing and protecting political rights and civil liberties. Recent challenges to these freedoms have included the threat of foreign political influence, harsh policies toward asylum seekers, and ongoing disparities faced by indigenous Australians. Key Developments June 1, 2018 – May 31, 2019 After the March 2019 Christchurch attack, in which an Australian man who had espoused white supremacist views allegedly killed 51 people at two New Zealand mosques, ISPs acted independently to block access to more than 40 websites that hosted the attacker’s live-streamed video of his crimes.
    [Show full text]
  • Privacy and Data Protection in Australia: a Critical Overview (Extended Abstract)
    Privacy and Data Protection in Australia: a Critical overview (extended abstract) David Watts1, Pompeu Casanovas2,3 1 La Trobe Law School, La Trobe University, Melbourne, Australia 2 UAB Institute of Law and Technology, Universitat Autònoma de Barcelona, Spain Abstract. This extended abstract describes the regulation of privacy under Aus- tralian laws and policies. In the CRC D2D programme, we will develop a strategy to model legal requirements in a situation that is far from clear. Law enforcement agencies are facing big floods of data to be acquired, stored, assessed and used. We will propose in the final paper a linked data regulatory model to organise and set the legal and policy requirements to model privacy in this unstructured con- text. Keywords: Australian privacy law, legal requirements, privacy modelling 1 Introduction Australia has a federal system of government that embodies a number of the structural elements of the US Constitutional system but retains a Constitutional monarchy. It con- sists of a national government (the Commonwealth), six state governments (New South Wales, Victoria, Tasmania, Queensland, South Australia and Western Australia) as well as two Territories (the Australian Capital Territory and the Northern Territory). Under this system, specific Constitutional powers are conferred on the Common- wealth. Any other powers not specifically conferred on the Commonwealth are retained by the States (and, to a lesser extent, the Territories). There is no general law right to privacy in Australia. Although Australia is a signa- tory to the International Convention on Civil and Political Rights, the international law right to privacy conferred under Article 17 of the ICCPR has not been enacted into Australia’s domestic law.
    [Show full text]
  • Official Secrets Bill-66-2
    OFFICIAL SECRETS BILL EXPLANATORY NOTE THE present New Zealand law as to official seerets is contained in a United' Kingdom Aet, the Offieial Seerets Aet 1911 (1 & 2 Geo. V, eh. 28, Halsbury's Statutes of England, Vol. IV, p. 779), and in section 61 of the Defence Act 1909 (Reprint of Statutes, Vol. II, p. 596). The Defence Aet 1909 has been repealed by the New Zealand Army Aet 1950 whieh is to be brought into force by Proelamation, and does not contain any provisions as to official seerets. The Official Secrets Aet 1911 has been amended by two further United Kingdom Acts-namely, the Official Secrets Act 1920 (10 & 11 Geo. V, ch. 75, Halsbury's Statutes, Vol. IV, p. 843), and the Official Seerets Aet 1939 (2 & 3 Geo. VI, eh. 121). These two amending Acts are not in foree in New Zealand. The purpose of this Bill is to set out the law in one comprehensive New Zealand Act suited to New Zealand eonditions and requirements. The Bill is based on the three United Kingdom Aets, with the addition of clause 8 as to unlawful mapping, whieh is based on seetion 83 of the Crimes Act 1914, of Australia, and with sueh ineidental provisions and adaptations as are deemed necessary to meet New Zealand eonditions. The Bill is drafted so as to apply to the island territories and Western Samoa, as well as New Zealand proper, and so as to be in force in those territories. On the other hand, referenees to His Majesty are limited to His Majesty in right of New Zealand.
    [Show full text]
  • Legitimacy in the New Regulatory State
    LEGITIMACY IN THE NEW REGULATORY STATE KAREN LEE A THESIS IN FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY FACULTY OF LAW MARCH 2016 TABLE OF CONTENTS ACKNOWLEDGEMENTS ...................................................................................................... I PUBLICATIONS AND PRESENTATIONS ARISING FROM THE WRITING OF THE THESIS .. III GLOSSARY AND TABLE OF ABBREVIATIONS .................................................................. IV CHAPTER 1 INTRODUCTION ............................................................................................. 1 I JUSTIFICATION FOR RESEARCH AND ITS APPROACH .......................................... 4 A THE NEED FOR EMPIRICAL STUDY OF INDUSTRY RULE-MAKING ....................... 4 B PART 6 RULE-MAKING ....................................................................................... 7 1 THE COMMUNICATIONS ALLIANCE ................................................................ 8 2 CONSUMER CODES ....................................................................................... 10 C PROCEDURAL AND INSTITUTIONAL LEGITIMACY, RESPONSIVENESS AND THEIR CRITERIA ......................................................................................................... 11 II TERMINOLOGY ................................................................................................ 15 A CONSUMER AND PUBLIC INTERESTS................................................................. 15 1 CONSUMER INTEREST .................................................................................
    [Show full text]
  • Free Speech 2014 Symposium Thursday, 7 August 2014 Aerial Function Centre, Sydney
    Free Speech 2014 symposium Thursday, 7 August 2014 Aerial Function Centre, Sydney Starts Ends Theme Format Topic Speakers 08.00 08.50 Registrations 08.50 09.00 Speech Attendees asked to be seated Conference Chair: Jana Wendt 09.00 09.10 Presentation Welcome to country Aunty Norma Ingram - Metropolitan Local Aboriginal Land Council 09.10 09.20 Speech Introductory remarks Professor Gillian Triggs - President, Australian Human Rights Commission Opening session 09.20 09.50 Keynote address Free speech reflections Senator the Hon George Brandis QC - Attorney-General 09.50 10.10 Speech Free speech stocktake Tim Wilson - Australian Human Rights Commissioner 10.10 10.30 Speech ALRC Inquiry into Freedoms Professor Rosalind Croucher - President, Australian Law Reform Commission 10.30 10.50 Morning tea Free speech in a liberal democracy Chris Berg - Director of Policy, Institute of Public Affairs Accommodating rights Speeches & Does defamation law deserve ridicule? Dr Roy Baker - Macquarie School of Law 10.50 11.55 (Session 1) questions Vilification laws Dr Augusto Zimmermann - School of Law, Murdoch University The commercial environment Dr Kesten Green - University of South Australia Business School Combating online harassment Dr Monika Bickert - Head of Global Content Policy, Facebook Free speech in the digital Speeches & 11.55 12.50 Reforming intellectual property Trish Hepworth - Australian Digital Alliance age questions Free speech & the internet Professor Julian Thomas - Swinburne Institute for Social Research 12.50 13.30 Lunch Dr Gary Johns
    [Show full text]